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Feroz Patel
in Civil Law Civil Procedure Law
Asked October 20, 2017

Application for change of Court during appeal proceeding

  • 2 Answers
  • 178 Views

My father won the case in lower court (Waduj Satara district) related to land sold by my grandmother since it was signed only by her, but opponent appealed in upper court. We stay in Kalyan can this case be transferred to Kalyan court? since my father age now is 67 yrs. Secondly we are not getting the land possession since the opponent is always giving some reason and the land measurement department accepts his request on last day. pls suggest the solution. Also Can we file a defamation case at Kalyan court against him.

Answers 2

Dear Client, 

Since, the opposite party went in appeal in the higher Court, in this circumstances, the order given by higher court will be valid. At the max,  you can get this case transferred to kalyan but for that you have to file a transfer petition in the Supreme Court of India.

 

Agree Comment 0 Agrees over 3 years ago

A case may be transferred in order to meet the ends of justice. In the present case, since the petitioner is of old age, the courts may permit the case to be transferred as being unable to attend hearings due to health constraints is a valid reason for transfer of case. Furthermore, Section 23 of the Civil Procedure Code, provides that when the suit is to be shifted or transferred to a court which has the same court of appeal then the transfer of application is to be preferred by the appellant court. As regards the possession of the land, if the Respondents are not giving you possession then you should notify them and file a petition for contempt of court under Section 2(b) of the Contempt of Courts Act, 1971 for Civil Court. The details as provided by you for the case does not provide for any evidence against defamation.

Agree Comment 0 Agrees over 3 years ago

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